Costs After Acquittal Of Offence Under The Drugs Misuse Act In Magistrates Courts

GENERALLY NO COSTS AVAILABLE UNDER DRUGS MISUSE ACT

Section 127 of the Drugs Misuse Act provides that no costs shall be awarded with respect to any proceedings arising out of a charge of having committed an offence defined in the Drugs Misuse Act.

MOYNIHAN REFORMS ALLOW COSTS FOR FAILURE TO COMPLY WITH A DIRECTION ABOUT DISCLOSURE

The Moynihan reforms inserted an exception in section 127, allowing costs under the Drugs Misuse Act where a costs order is awarded under a “relevant provision” in relation to a failure to comply with a direction about disclosure.

The “relevant provisions” under which costs can be awarded for failing to comply with a direction about disclosure are:

The Justices Act 1886 section 83B; and

The Criminal Code section 590AAA4.

COMMENCEMENT OF MOYNIHAN REFORMS

The Moynihan reforms received assent on 13 August 2010. The reforms commenced in two stages via proclamation.

Stage 1 commenced on 1 September 2010.

Stage 2 commenced on 1 November 2010.

The amendment to section 127 allowing costs, as well as the “relevant provisions” under which costs can be ordered for failure to comply with a direction about disclosure, were both in stage 2 of the reforms.